BILL REQ. #:  S-0359.1 

Read first time 01/18/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to decriminalizing "fine-only" misdemeanors; amending RCW 15.53.904, 16.52.095, 19.32.180, 19.76.110, 19.84.040, 24.03.420, 24.03.425, 24.06.465, 24.06.470, 26.04.110, 26.04.240, 28A.535.070, 35.34.280, 35A.33.160, 35A.34.280, 36.40.240, 48.36A.360, 49.12.130, 70.54.030, 70.90.205, 70.95B.140, 70.119.130, 72.40.100, 73.04.020, 78.04.050, 81.44.105, 84.08.050, 88.02.110, and 90.36.050; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 15.53.904 and 1965 ex.s. c 31 s 17 are each amended to read as follows:
     (1) Any person ((convicted of)) violating any of the provisions of this chapter or the rules and regulations issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department in the performance of its duty in connection with the provisions of this chapter((, shall be adjudged guilty of a misdemeanor and shall be fined not less than fifty dollars nor more than one hundred dollars)) commits a class 2 civil infraction for the first violation, and ((not less than two hundred dollars nor more than five hundred dollars)) commits a class 1 civil infraction for a subsequent violation. In all ((prosecutions)) adjudications under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the department shall be accepted as prima facie evidence of the composition.
     (2) Nothing in this chapter shall be construed as requiring the department to report for ((prosecution)) adjudications or for the institution of seizure proceedings as a result of minor violations of this chapter when it believes that the public interest will be best served by a suitable notice of warning in writing.
     (3) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and ((prosecuted)) adjudicated in a court of competent jurisdiction without delay. Before the department reports a violation for such ((prosecution)) adjudication, an opportunity shall be given the distributor to present his or her view in writing or orally to the department.
     (4) The department is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. ((Said)) Such injunction to be issued without bond.

Sec. 2   RCW 16.52.095 and 1994 c 261 s 7 are each amended to read as follows:
     It shall not be lawful for any person to cut off more than one-half of the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat or hog, or dog, and any person cutting off more than one-half of the ear or ears of any such animals, ((shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum less than twenty dollars)) commits a class 4 civil infraction. This section does not apply if cutting off more than one-half of the ear of the animal is a customary husbandry practice.

Sec. 3   RCW 19.32.180 and 1943 c 117 s 11 are each amended to read as follows:
     Any person violating any provision of this chapter ((shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars)) commits a class 2 civil infraction for the first offense, and ((not less than two hundred dollars for the second and)) commits a class 1 civil infraction for each and every subsequent offense, and each day that any violation continues shall constitute a separate offense.

Sec. 4   RCW 19.76.110 and 2003 c 53 s 148 are each amended to read as follows:
     ((It is hereby declared to be unlawful for)) Any person or persons ((hereafter)) who, without the written consent of the owner or owners thereof, ((to)) fills with ale, porter, lager beer or soda, mineral water or other beverages, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or ((to)) sells, disposes of, buys or traffics in, or wantonly destroys any such cask, barrel, keg, bottle or box so marked, stamped, by the owner or owners thereof, after such owner or owners ((shall)) have complied with the provisions of RCW 19.76.100 commits a class 1 civil infraction.

Sec. 5   RCW 19.84.040 and 1907 c 253 s 4 are each amended to read as follows:
     Any person, firm, or corporation who ((shall)) violates any of the provisions of this chapter ((shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense)) commits a class 1 civil infraction.

Sec. 6   RCW 24.03.420 and 1969 ex.s. c 163 s 7 are each amended to read as follows:
     Each corporation, domestic or foreign, that fails or refuses to answer truthfully and fully within the time prescribed by this chapter interrogatories propounded by the secretary of state in accordance with the provisions of this chapter((, shall be deemed to be guilty of a misdemeanor and upon conviction thereof may be fined in any amount not exceeding five hundred dollars)) commits a class 1 civil infraction.

Sec. 7   RCW 24.03.425 and 2004 c 265 s 34 are each amended to read as follows:
     Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed by this chapter to answer truthfully and fully interrogatories propounded to him or her by the secretary of state in accordance with the provisions of this chapter, or who signs any articles, statement, report, application or other record filed with the secretary of state which is known to such officer or director to be false in any material respect, ((shall be deemed to be guilty of a misdemeanor, and upon conviction thereof may be fined in any amount not exceeding five hundred dollars)) commits a class 1 civil infraction.

Sec. 8   RCW 24.06.465 and 2003 c 53 s 165 are each amended to read as follows:
     (1) Each corporation, domestic or foreign, ((which)) that fails or refuses to file its annual report for any year within the time prescribed by this chapter shall be subject to a penalty as established and assessed by the secretary of state.
     (2) Each corporation, domestic or foreign, ((which)) that fails or refuses to answer truthfully and fully within the time prescribed by this chapter any interrogatories propounded by the secretary of state in accordance with the provisions of this chapter((, is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars)) commits a class 1 civil infraction on each ((count)) violation.

Sec. 9   RCW 24.06.470 and 1969 ex.s. c 120 s 94 are each amended to read as follows:
     Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed by this chapter, to answer truthfully and fully any interrogatories propounded to him or her by the secretary of state in accordance with the provisions of this chapter, or who signs any articles, statement, report, application, or other document filed with the secretary of state, which is known to such officer or director to be false in any material respect, ((shall be deemed to be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars)) commits a class 1 civil infraction on each ((count)) violation.

Sec. 10   RCW 26.04.110 and 1967 c 26 s 6 are each amended to read as follows:
     Any person solemnizing a marriage, who shall willfully refuse or neglect to make and deliver to the county auditor for record, the certificates mentioned in RCW 26.04.090, within the time in such section specified, ((shall be deemed guilty of a misdemeanor, and upon conviction shall pay for such refusal, or neglect, a fine of not less than twenty-five nor more than three hundred dollars)) commits a class 1 civil infraction.

Sec. 11   RCW 26.04.240 and Code 1881 s 2395 are each amended to read as follows:
     Any person who ((shall)) undertakes to join others in marriage knowing that he or she is not lawfully authorized so to do, or any person authorized to solemnize marriage, who shall join persons in marriage contrary to the provisions of this chapter (chapter 26.04 RCW), ((shall, upon conviction thereof, be punished by a fine of not more than five hundred, nor less than one hundred dollars)) commits a class 1 civil infraction.

Sec. 12   RCW 28A.535.070 and 1985 c 7 s 90 are each amended to read as follows:
     When authorized to issue bonds, as provided in this chapter the board of directors shall immediately cause to be sent to the appropriate county treasurer, notice thereof. The county officials charged by law with the duty of levying taxes for the payment of said bonds and interest shall do so as provided in RCW 39.46.110.
     The annual expense of such district shall not thereafter exceed the annual revenue thereof, and any officer of such district who ((shall)) knowingly aids in increasing the annual expenditure in excess of the annual revenue of such district, in addition to any other penalties, whether civil or criminal, as provided by law, ((shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars)) commits a class 1 civil infraction.

Sec. 13   RCW 35.34.280 and 1985 c 175 s 31 are each amended to read as follows:
     ((Upon the conviction of)) Any city or town official, department head, or other city or town employee ((of)) who knowingly ((failing,)) fails or ((refusing)) refuses, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city charter or city or town ordinance, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, ((the official or employee shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars)) commits a class 1 civil infraction for each separate violation.

Sec. 14   RCW 35A.33.160 and 1967 ex.s. c 119 s 35A.33.160 are each amended to read as follows:
     ((Upon the conviction of)) Any city official, department head, or other city employee ((of)) who knowingly ((failing,)) fails or ((refusing)) refuses, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city ordinance or charter, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, ((he shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars)) commits a class 1 civil infraction for each separate violation.

Sec. 15   RCW 35A.34.280 and 1985 c 175 s 60 are each amended to read as follows:
     ((Upon the conviction of)) Any city official, department head, or other city employee ((of)) who knowingly ((failing,)) fails or ((refusing)) refuses, without just cause, to perform any duty imposed upon such officer or employee by this chapter, or city charter or city ordinance, in connection with the giving of notice, the preparing and filing of estimates of revenues or expenditures or other information required for preparing a budget report in the time and manner required, or of knowingly making expenditures in excess of budget appropriations, ((the official or employee shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars)) commits a class 1 civil infraction for each separate violation.

Sec. 16   RCW 36.40.240 and 1963 c 4 s 36.40.240 are each amended to read as follows:
     Any person violating any of the provisions of this chapter ((shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than five hundred dollars)) commits a class 1 civil infraction.

Sec. 17   RCW 48.36A.360 and 1987 c 366 s 36 are each amended to read as follows:
     (1) Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society, shall upon conviction be fined not less than one hundred dollars nor more than five hundred dollars or imprisonment in the county jail not less than thirty days nor more than one year, or both.
     (2) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of false swearing and shall be subject to the penalties under RCW 9A.72.040.
     (3) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state ((shall be guilty of a misdemeanor and upon conviction be fined not less than fifty dollars nor more than two hundred dollars)) commits a class 2 civil infraction.
     (4) Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed((, shall upon conviction, be subject to a fine not exceeding two hundred dollars)) commits a class 2 civil infraction.

Sec. 18   RCW 49.12.130 and 1913 c 174 s 16 are each amended to read as follows:
     Any employer who discharges, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that ((said)) the employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010 through 49.12.180, ((shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of from twenty-five dollars to one hundred dollars)) commits a class 2 civil infraction for each such ((misdemeanor)) violation.

Sec. 19   RCW 70.54.030 and 1909 c 16 s 2 are each amended to read as follows:
     Any person who ((shall)) places or causes to be placed within any watershed from which any city or municipal corporation of any adjoining state obtains its water supply, any substance which either by itself or in connection with other matter will corrupt, pollute, or impair the quality of ((said)) the water supply, or the owner of any dead animal who ((shall)) knowingly leaves or causes to be left the carcass or any portion thereof within any such watershed in such condition as to in any way corrupt or pollute such water supply ((shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine in any sum not exceeding five hundred dollars)) commits a class 1 civil infraction.

Sec. 20   RCW 70.90.205 and 1987 c 222 s 11 are each amended to read as follows:
     The violation of any provisions of this chapter and any rules adopted under this chapter ((shall be a misdemeanor punishable by a fine of not more than five hundred dollars)) is a class 1 civil infraction.

Sec. 21   RCW 70.95B.140 and 1973 c 139 s 14 are each amended to read as follows:
     Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, violating any provisions of this chapter or the rules and regulations adopted hereunder((, is guilty of a misdemeanor)) commits a class 2 civil infraction. Each day of operation in such violation of this chapter or any rules or regulations adopted hereunder ((shall)) constitutes a separate offense. ((Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense.)) It ((shall be)) is the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted hereunder.

Sec. 22   RCW 70.119.130 and 1991 c 305 s 8 are each amended to read as follows:
     Any person, including any operator or any firm, association, corporation, municipal corporation, or other governmental subdivision or agency, who, after thirty days' written notice, operates a public water system which is not in compliance with RCW 70.119.030(1)((, shall be guilty of a misdemeanor)) commits a class 2 civil infraction. Each month of such operation out of compliance with RCW 70.119.030(1) shall constitute a separate offense. ((Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense.)) It ((shall be)) is the duty of the prosecuting attorney or the attorney general, as appropriate to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted hereunder: PROVIDED, That, except in the case of fraud, deceit, or gross negligence under RCW 70.119.110, no revocation, citation, or charge shall be made under RCW 70.119.110 and 70.119.130 until a proper written notice of violation is received and a reasonable opportunity for correction has been given.

Sec. 23   RCW 72.40.100 and 1987 c 202 s 229 are each amended to read as follows:
     Any parent, guardian, or educational service district superintendent who, without proper cause, fails to carry into effect the provisions of this chapter ((shall be guilty of a misdemeanor, and upon conviction thereof, upon the complaint of any officer or citizen of the county or state, before any district or superior court, shall be fined in any sum not less than fifty nor more than two hundred dollars)) commits a class 1 civil infraction.

Sec. 24   RCW 73.04.020 and 1891 c 14 s 2 are each amended to read as follows:
     Any such officer who may require and accept fees for such services ((shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten dollars nor more than fifty dollars)) commits a class 3 civil infraction.

Sec. 25   RCW 78.04.050 and 1901 c 120 s 2 are each amended to read as follows:
     Any violation of any of the provisions of RCW 78.04.040 by any officer or agent of such corporation ((shall)) constitutes a ((misdemeanor, and upon conviction thereof every such officer or agent shall be fined in a sum not greater than two hundred dollars)) class 1 civil infraction for each offense.

Sec. 26   RCW 81.44.105 and 1961 c 14 s 81.44.105 are each amended to read as follows:
     Every violation of RCW 81.44.101 through 81.44.105 is a ((misdemeanor and shall be punishable by a fine of not more than one hundred dollars)) class 3 civil infraction.

Sec. 27   RCW 84.08.050 and 2003 c 53 s 407 are each amended to read as follows:
     (1) The department of revenue shall:
     (a) Require individuals, partnerships, companies, associations and corporations to furnish information as to their capital, funded debts, investments, value of property, earnings, taxes and all other facts called for on these subjects so that the department may determine the taxable value of any property or any other fact it may consider necessary to carry out any duties now or hereafter imposed upon it, or may ascertain the relative burdens borne by all kinds and classes of property within the state, and for these purposes their records, books, accounts, papers and memoranda shall be subject to production and inspection, investigation and examination by the department, or any employee thereof designated by the department for such purpose, and any or all real and/or personal property in this state shall be subject to visitation, investigation, examination and/or listing at any and all times by the department or by any employee thereof designated by the department.
     (b) Summon witnesses to appear and testify on the subject of capital, funded debts, investments, value of property, earnings, taxes, and all other facts called for on these subjects, or upon any matter deemed material to the proper assessment of property, or to the investigation of the system of taxation, or the expenditure of public funds for state, county, district and municipal purposes: PROVIDED, HOWEVER, No person shall be required to testify outside of the county in which the taxpayer's residence, office or principal place of business, as the case may be, is located. Such summons shall be served in like manner as a subpoena issued out of the superior court and be served by the sheriff of the proper county, and such service certified by him or her to the department without compensation therefor. Persons appearing before the department in obedience to a summons shall in the discretion of the department receive the same compensation as witnesses in the superior court.
     (c) Thoroughly investigate all complaints which may be made to it of illegal, unjust or excessive taxation, and shall endeavor to ascertain to what extent and in what manner, if at all, the present system is inequal or oppressive.
     (2) Any member of the department or any employee thereof designated for that purpose may administer oaths to witnesses.
     (3)(a) In case any witness shall fail to obey the summons to appear, or refuse to testify, or shall fail or refuse to comply with any of the provisions of subsection (1)(a) or (b) of this section, such person, for each separate or repeated offense, ((shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars, nor more than five thousand dollars)) commits a class 1 civil infraction.
     (b) Any person who shall testify falsely is guilty of perjury and shall be punished under chapter 9A.72 RCW.

Sec. 28   RCW 88.02.110 and 1993 c 244 s 4 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter, a violation of this chapter and the rules adopted by the department pursuant to these statutes is a ((misdemeanor punishable only by a fine not to exceed one hundred dollars)) class 3 civil infraction per vessel for the first violation. Subsequent violations in the same year are subject to the following ((fines)):
     (a) ((For the)) A second violation((, a fine of two hundred dollars)) is a class 2 civil infraction per vessel;
     (b) ((For the)) A third ((and)) or successive violation((s, a fine of four hundred dollars)) is a class 1 civil infraction per vessel.
     (2) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the ((arresting)) adjudicating jurisdiction.
     (3) All law enforcement officers shall have the authority to enforce this chapter, and the rules adopted by the department pursuant to these statutes within their respective jurisdictions: PROVIDED, That a city, town, or county may contract with a fire protection district for such enforcement and fire protection districts are authorized to engage in such activities.

Sec. 29   RCW 90.36.050 and 1901 c 121 s 3 are each amended to read as follows:
     Any person whether as owner, lessee, agent, or manager having possession or control of any such well, violating the provisions of ((this act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding two hundred dollars)) RCW 90.36.020 through 90.36.040 commits a class 1 civil infraction for each and every such ((offense)) violation, and ((the further sum of two hundred dollars for)) each ten days during which such violation ((shall)) continues shall be considered a separate violation.